Note: your claim is limited to the amount required to restore the car to its pre-accident condition. You cannot claim for any other damage that was there before the accident and the other driver is entitled to require you to prove that the damage you are claiming was the result of the accident and not pre-existing damage.
How do I write to the other driver/other driver’s insurance company?
It is important to write the words ‘Without Prejudice’ on the top of every written notice to the other party (or their insurance company) written for the purposes of negotiating a settlement. ‘Without Prejudice’ means that any statement made in the notice about who caused the accident cannot be used as evidence in court against you unless the other party gets your consent to do so.
The notice needs to provide the following information:
Always keep a copy of any written notice sent and make sure each notice is signed and dated.
SAMPLE NOTICE - contacting the other driver
| IMPORTANT: It is very important to remember to write the words WITHOUT PREJUDICE on the top of every written notice to the other party (or their insurance company) written for the purpose of negotiating a settlement. WITHOUT PREJUDICE means that any statement that you make in the notice about who caused the accident cannot be used as evidence in court against you unless the other party obtains your consent. This is important in case the matter has to be decided in court. |
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Without Prejudice Your Name Your Address Date Other Person’s Name Address Dear I refer to the motor vehicle accident as follows: DATE: MY VEHICLE: LOCATION: SUBURB: YOUR VEHICLE: TIME: am/pm I consider that you are responsible for this accident and as such are liable to pay for the damage caused by the accident to my vehicle. * Please find enclosed a copy of a quote from a crash repairer for the cost of repairs to my vehicle in the sum of $.............. * My vehicle is now a ‘write off’. Please find a copy of a valuation of my vehicle before the accident $ ………………. and an estimation of the value of my vehicle as a wreck $....... My loss is therefore the difference between the two values which amounts to $......... . * (Use one of the paragraphs stated above) If you intend to claim through your insurance company, please provide me with your insurance details and please ask your insurance company to contact me regarding my claim. If you are not covered by, or claiming on insurance, I shall expect you to pay for the damage to my vehicle. If I do not receive payment I intend to commence legal proceedings to recover the debt and my legal costs. If legal proceedings are commenced against you and you are unsuccessful in defending the claim, you should be aware the Court may order you to pay the costs of legal proceedings. Yours sincerely SAMPLE NOTICE - if the other driver contacts you Without Prejudice Your Name Your Address Date * Other Person’s Name/Insurance Company (*one of the above) Address Dear Motor Vehicle Accident DATE: MY VEHICLE: LOCATION: SUBURB: YOUR VEHICLE: TIME: am/pm I refer to your written notice dated ………………………………. regarding this accident. I do not accept that the accident was entirely my fault. However, I am prepared to discuss a settlement in this case. * Please find enclosed a copy of a quote from a crash repairer for the cost of repairs to my vehicle in the sum of $.........................(plus towing fee if applicable). (OR) * My vehicle is now a ‘write off’. Please find enclosed a copy of a valuation of my vehicle before the accident $................... and an estimation of the value of my vehicle as a wreck $................ . My loss is therefore the difference between these two values which amounts to $.............. . * (Use one of the paragraphs stated above) ** If you intend to claim through your insurance company, please provide me with your insurance details and ask you insurance company to contact me regarding settlement of the claim. ** (Only use this paragraph if the notice you have received is from the other driver and not an insurance company) I look forward to hearing from you. Yours sincerely |
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